32. Power of High Court to call for records of civil proceedings in subordinate
courts

33. Powers of High Court on revision of civil proceedings

34. No revision at instance of party who could have appealed

35. General supervisory and revisionary jurisdiction of High Court
5Courts of Judicature

36. Discretion of Court as to hearing parties

37. Special provision as to States of Malaya
PART III

THE COURT OF APPEAL

General

38. Composition of the Court of Appeal

39. Sittings of the Court

40. Vacations

41. Proceedings how decided

42. Continuation of proceedings notwithstanding absence of Judge

43. Applications

44. Incidental directions and interim orders
Original Jurisdiction

45-49. (Deleted)

Appellate Jurisdiction--Criminal Appeals

50. Jurisdiction to hear and determine criminal appeals

51. Notice of appeal

52. Record of proceedings

53. Petition of appeal

54. Procedure where appellant in prison

55. Transmission of papers to Court of Appeal

56. Appeals out of time and formal defects
56A. On appeal against acquittal, accused may be arrested

57. Appeal not to operate as stay of execution

58. Summary rejection of appeal

59. Notice and time of hearing

60. Powers of Court of Appeal
Section

6 ACT 91Laws of Malaysia

Section

61. Additional evidence

62. Judgment

63. Certification of judgement
64-66. (Deleted)

Appellate Jurisdiction--Civil Appeals

67. Jurisdiction to hear and determine civil appeals

68. Non-appealable matters

69. Hearing of appeals

70. Costs of appeal

71. New trial

72. Immaterial errors

73. Appeal not to operate as stay of execution
PART IV

THE FEDERAL COURT

General

74. Composition of the Federal Court

75. Sittings of the Court

76. Vacations

77. Proceedings how decided

78. Continuation of proceedings notwithstanding absence of Judge

79. Applications

80. Incidental directions and interim orders
Original Jurisdiction

81. Jurisdiction and powers

82. Judgement to be declaratory

83. Costs

84. Reference of constitutional question by High Court

85. Proceedings in Federal Court
7Courts of Judicature

Appellate Jurisdiction--Criminal Appeals

Section

86. Jurisdiction and powers

87. Jurisdiction to hear and determine criminal appeals

88. On appeal against acquittal, accused may be arrested

89. Appeal not to operate as stay of execution

90. Summary rejection of appeal

91. Notice and time of hearing

92. Powers of Federal Court

93. Additional evidence

94. Judgment

95. Certifications of judgment
Appellate Jurisdiction--Civil Appeals

96. Conditions of appeal

97. Leave to appeal

98. Procedure to enforce order of the Federal Court

99. Costs

100. New trial

101. Immaterial errors

102. Appeal not to operate as stay of execution
SCHEDULE

8 ACT 91Laws of Malaysia

9Courts of Judicature

An Act relating to the Superior Courts of Judicature.
[Throughout Malaysia--16 March 1964, L.N.85/1964]
PART I

PRELIMINARY AND GENERAL

Preliminary

Citation

1. This Act may be cited as the Courts of Judicature Act 1964.

2. (Omitted).
Interpretation

3. In this Act, unless the context otherwise requires--
"action" means a civil proceeding commenced by writ or in such
other manner
as is prescribed by rules of court, but does not
include a criminal proceeding;

"cause" includes any action, suit or other original proceeding
between a plaintiff and defendant, and any criminal proceeding;
"Chief Judge" means the Chief Judge of the High Court in
Malaya or of the High Court in Sabah and Sarawak, as the case
may require;

LAWS OF MALAYSIA

Act 91

COURTS OF JUDICATURE ACT 1964

10 ACT 91Laws of Malaysia

"Constitution" means the Constitution of Malaysia;
"Court" means the Federal Court, the Court of Appeal or the
High Court, as the
case may require;

"decision" means judgment, sentence or order, but does not
include any ruling made in the course of a trial or hearing of any
cause
or matter which does not finally dispose of the rights of the
parties;

"High Court" means the High Court in Malaya and the High
Court in Sabah and Sarawak or either of them, as the case may
require;

"Judge" means a Judge of the Federal Court, of the Court of
Appeal or of the High Court, and includes the Chief Justice, the
President
and a Chief Judge;

"local jurisdiction" means--

(a) in the case of the High Court in Malaya, the territory
comprised in the States of Malaya, namely, Johore, Kedah,
Kelantan,
Malacca, Negeri Sembilan, Pahang, Penang,
Perak, Perlis, Selangor, Terengganu and the Federal
Territory* of Kuala Lumpur; and

(b) in the case of the High Court in Sabah and Sarawak, the
territory comprised in the States of Sabah, Sarawak and
the Federal
Territory of Labuan,

including, in either case, the territorial waters and the air space
above those States and the territorial waters;

"Malaysia Day" means the 16 September 1963;

"matter" includes every proceeding in court not in a cause;
"permanent resident" means a person who has permission granted
without
limit of time under any federal law to reside in Malaysia,
and includes a person treated as such under any written law relating
to immigration;

"President" means the President of the Court of Appeal;
"proceeding" means any proceeding whatsoever of a civil or
criminal nature
and includes an application at any stage of a
proceeding;

"Registrar" means the Chief Registrar and any Registrar, Deputy
Registrar, Senior Assistant Registrar or Assistant Registrar appointed
under section 10;

"subordinate court" means any inferior court from the decisions
of which by reason of any written law there is a right of appeal
to the High Court and means in relation to the High Court and such
court as by any written law has jurisdiction within the local
jurisdiction
of the High Court.

Provision to prevent conflict of laws

4. In the event of inconsistency or conflict between this Act and
any other written law other than the Constitution in force at the
commencement of this Act, the provisions of this Act shall prevail.

5. (Deleted by Act A606).
General

Seals of Courts

6. (1) The Federal Court shall have and use as occasion may
require a seal or stamp of such nature and pattern as the Chief
Justice
may, by notification in the Gazette, prescribe.
(1A) The Court of Appeal shall have and use as occasion may
require a seal or stamp
of such nature and pattern as the President
may, by notification in the Gazette, prescribe.

(2) The High Court shall have and use as occasion may require
a seal or stamp of such nature and pattern as the Chief Judge may,
by notification in the Gazette, prescribe.

12 ACT 91Laws of Malaysia

Process of Courts

7. (1) All writs, summonses, warrants, orders, rules, notices and
mandatory processes whatsoever, whether civil or criminal, shall
be issued and shall be expressed to be issued by the Chief Justice,
President or Chief Judge, as the case may be, in the name of
the
Yang di-Pertuan Agong and shall be signed by the Registrar and
sealed or stamped with the seal or stamp of the Court issuing
or
making the same.

(2) All writs, summonses, warrants, orders, rules, notices, and
other processes whatsoever, whether civil or criminal, issued or
made by or by the authority of the Court respecting any cause or
matter within its jurisdiction shall have full force and effect
and
may be served or executed anywhere within Malaysia.
Precedence of Judges

8. The Judges shall take precedence in the following order:
(a) the Chief Justice;

(b) the President;

(ba) the Chief Judge of the High Court in Malaya;
(bb) the Chief Judge of the High Court in Sabah and Sarawak;
(c) the Judges of
the Federal Court according to the priority
of their respective appointments as Judges of the Federal
Court and where they are
appointed on the same date, in
such order as may be assigned to them by the Yang
di-Pertuan Agong;

(ca) the Judges of the Court of Appeal according to the priority
of their respective appointments as Judges of the Court
of Appeal,
and where they are appointed on the same
date, in such order as may be assigned to them by the
Yang di-Pertuan Agong; and

(d) the other Judges according to the priority of their respective
appointments as Judges and where they are appointed on
the same
date, in such order as may be assigned to them
by the Yang di-Pertuan Agong.

13Courts of Judicature

Exercise of powers during incapacity or absence

9. (1) Whenever during any period, owing to illness or absence
from Malaysia or any other cause, the Chief Justice is unable to
exercise the powers or perform the duties of his office (including
his functions under the Constitution), or in the event of a vacancy
in the office, the powers shall be had and may be exercised and
the duties shall be performed--

(a) by the President; or

(b) where the President is absent from Malaysia or unable
to act, or in the event of a vacancy in the office, by the
Chief Judge
of the High Court in Malaya; or

(c) where the President and the Chief Judge of the High
Court in Malaya are absent from Malaysia or unable to
act, or in the event
of a vacancy in the offices, by the
Chief Judge of the High Court in Sabah and Sarawak; or
(d) where the President, the Chief Judge
of the High Court
in Malaya and the High Court in Sabah and Sarawak are
absent from Malaysia or unable to act, or in the event
of
a vacancy in the offices, by the Judge of the Federal
Court nominated for that purpose by the Yang di-Pertuan
Agong.

(1A) Whenever during any period, owing to illness or absence
from Malaysia or any other cause, the President is unable to exercise
the powers or perform the duties of his office, the powers shall
be had and may be exercised and the duties shall be performed
by
a Judge of the Federal Court designated for that purpose by the
Chief Justice after consulting the President.

(1B) Whenever during any period, owing to illness or absence
from Malaysia or any other cause, the Chief Judge of the High
Court
in Malaya is unable to exercise the powers or perform the
duties of his office, the powers shall be had and may be exercised
and
the duties shall be performed by a Judge of the Federal Court
designated for that purpose by the Chief Justice after consulting
the Chief Judge of that High Court.

14 ACT 91Laws of Malaysia

(2) Whenever during any period, owing to illness or absence
from Malaysia or any other cause, the Chief Judge of the High
Court
in Sabah and Sarawak is unable to exercise the powers or
perform the duties of his office, the powers shall be had and may
be exercised
and the duties shall be performed by a Judge of the
Federal Court or of that High Court designated for that purpose
by the Chief
Justice after consulting the Chief Judge of that High
Court.

(3) Wherever the office of the President or any Chief Judge is
vacant, the powers of the President or any such Chief Judge shall
be had and may be exercised and his duties shall be performed
by--

(a) a Judge of the Federal Court; or

(b) in respect of a vacancy in the office of the Chief Judge
of the High Court in Sabah and Sarawak, a Judge of the
Federal Court
or a Judge of that High Courts,

designated for that purpose by the Chief Justice.
Registrars

10. (1) Subject to subsection (4), the Chief Registrar, Deputy
Registrars, Senior Assistant Registrars and Assistant Registrars of
the Federal Court and the Registrars, Deputy Registrars, Senior
Assistant Registrars and Assistant Registrars of the Court of Appeal
and of the High Courts shall be appointed by the Yang di-Pertuan
Agong on the recommendation of the Chief Justice.
(2) Subject
to any directions that the Chief Justice may issue,
the Registrars, Deputy Registrars, Senior Assistant Registrars and
Assistant
Registrars of the High Court may exercise the powers
and perform the duties of the Chief Registrar or Registrar, Deputy
Registrars,
Senior Assistant Registrars and Assistant Registrars
respectively of the Federal Court or the Court of Appeal.
(3) The Chief Registrar,
Registrars, Deputy Registrars, Senior
Assistant Registrars and Assistant Registrars appointed under this
Act shall subject to this
Act or any other written law have the same
jurisdiction, powers and duties as the Masters of the Supreme
15Courts of Judicature

Court, Clerks of Criminal Courts, Registrars and like officers in
the Supreme Court of Judicature in England and, in addition, such
further jurisdiction, powers and duties as may be prescribed by
rules of court.

(4) The Magistrates the local limits of whose jurisdiction extend
to the towns in which registries of the High Court are situate
shall
be ex-officio Senior Assistant Registrars of the High Court for all
purposes.

Commissioners for Oaths

11. (1) Any Registrar and any person appointed by the Chief
Justice to be a Commissioner for Oaths (subject to any limitations
expressed
in his appointment) may do all or any of the following
things:

(a) receive acknowledgments of married women in all cases
where acknowledgments are required by law to be taken
before a public
officer;

(b) receive acknowledgments of recognizances of bail and
bail-bonds;

(c) administer oaths for--

(i) the justification for bail;

(ii) taking any affidavit or affirmation;

(iii) receiving and taking the answer, plea, demurrer,
disclaimer, allegation or examination of any party
or parties to any action;

(iv) the examination of any witnesses upon any

interrogatories or de bene esse or in chief or on any
other occasions;

(v) swearing executors and administrators; and

(vi) swearing persons in any action, matter or proceeding,
which is pending or about to be instituted in any
court in any of its
jurisdictions; and

(d) take and receive statutory declarations.

16 ACT 91Laws of Malaysia

(2) The Chief Justice may make rules for the appointment,
conduct, fees to be charged by and for all things appertaining to
Commissioners
for Oaths and persons appointed by him under
subsection (1).

Sheriffs

12. (1) The Registrar of the High Court shall be Sheriff and there
shall be such bailiffs, process servers and other subordinate
officers
as are appointed.

(2) The Sheriff or his officers shall execute all writs, summonses,
warrants, orders, rules, notices, commands and other processes
of
any Court which are given to him by the Court for that purpose,
and shall make a return of the same together with the manner
of
the execution thereof to the Court from which the process issued,
and shall receive all such persons as are committed to his
custody
by the Court.

(3) The Sheriff or his officers in executing any writ of seizure
and sale or any other writ of execution or of distress may effect
an entry into any building, and for that purpose if necessary may
break open any outer or inner door or window of the building
or
any receptacle therein, using such force as is reasonably necessary
to effect an entry.

Contempt

13. The Federal Court, the Court of Appeal and the High Court
shall have power to punish any contempt of itself.
Protection of Judges
and other judicial officers

14. (1) No Judge or other person acting judicially shall be liable
to be sued in any civil court for any act done or ordered to be
done
by him in the discharge of his judicial duty, whether or not within
the limits of his jurisdiction, nor shall any order for
costs be made
against him, provided that he at the time in good faith believed
himself to have jurisdiction to do or order the
act complained of.
17Courts of Judicature

(2) No officer of any court or other person bound to execute the
lawful warrants or orders of any Judge or other person acting
judicially shall be liable to be sued in any civil court for the
execution of any warrant or order which he would be bound to
execute
if within the jurisdiction of the person issuing the same.
(3) No sheriff, bailiff or other officer of the Court charged with
the
duty of executing any judgment, order or warrant of distress,
or of attaching any property before judgment, shall be liable to be
sued in any civil court in respect of any property seized by him,
or in respect of damage caused to any property in effecting,
or
attempting to effect the seizure, unless it shall appear that he
knowingly acted in excess of the authority conferred upon him
by
the writ, warrant or order in question, and he shall not be deemed
to have acted knowingly in excess of his authority merely
by
reason of knowing of the existence of a dispute as to the ownership
of the property so seized.

Courts to be open and public

15. (1) The place in which any Court is held for the purpose of
trying any cause or matter, civil or criminal, shall be deemed an
open and public court to which the public generally may have
access:

Provided that the Court shall have power to hear any cause or
matter or any part thereof in camera if the Court is satisfied that
it is expedient in the interests of justice, public safety, public
security or propriety, or for other sufficient reason so to
do.
(2) A Court may at any time order that no person shall publish
the name, address or photograph of any witness in any cause
or
matter or any part thereof tried or held or to be tried or held before
it, or any evidence or any other thing likely to lead
to the identification
of any such witness; and any person who acts in contravention of
any such order shall be guilty of an offence
and shall, on conviction,
be liable to a fine not exceeding five thousand ringgit or to
imprisonment for a term not exceeding three
years or to both.
18 ACT 91Laws of Malaysia

Rules of court

16. Rules of court may be made for the following purposes:
(a) for regulating and prescribing the procedure (including
the method
of pleading) and the practice to be followed
in the High Court, the Court of Appeal and the Federal
Court in all causes and matters
whatsoever in or with
respect to which those Courts have for the time being
jurisdiction (including the procedure and practice
to be
followed in the registries of those Courts), and any matters
incidental to or relating to any such procedure or practice,
including (but without prejudice to the generality of the
foregoing provision) the manner in which, and the time
within which,
any applications which are to be made to
a High Court, to the Court of Appeal or to the Federal
Court shall be made;

(b) for regulating and prescribing the procedure on civil or
criminal appeals from any court or person to a High
Court, the Court
of Appeal or the Federal Court;

(c) (Deleted by Act A606);

(d) for regulating the enforcement and execution by a High
Court of the decrees, judgments and orders of the Federal
Court, of
the Court of Appeal or of the other High Court;
(e) for prescribing what part of the business which may be
transacted and of the
jurisdiction which may be exercised
by Judges in court or in chambers may be transacted or
exercised by Registrars;

(f) for prescribing the fees and percentages to be taken in
any Court and for regulating any matters relating to the
costs of proceedings
in any Court;

(g) for regulating the means by which particular facts may
be proved, and the mode in which evidence thereof may
be given, in any
proceedings or on any application in
connection with or at any stage of any proceedings;
(h) for regulating the joinder of parties
and for prescribing
in what cases persons absent, but having an interest in
a cause or matter, shall be bound by any order made
19Courts of Judicature

therein, and in what cases orders may be made for the
representation of absent persons by one or more parties
to a cause or matter;

(i) for regulating the rate of interest payable on all debts,
including judgment debts, or on the sums found due on
taking accounts
between parties, or on sums found due
and unpaid by receivers or other persons liable to account
to the Court:

Provided that in no case shall any rate of interest exceed
eight per centum per annum, unless it has been otherwise
agreed between
parties;

(j) for regulating the modes in which a writ of seizure and
sale may be executed, and the manner in which seizure
may be made of
any property seizable thereunder, and
the mode of sale by the Sheriff or any other officer of
the Court of any property so seized,
and the manner in
which the right and title of purchasers of that property
at any sale by any officer of the Court may be secured
to the purchasers;

(k) for regulating the discovery of a judgment debtor's property
in aid of the execution of any judgment;

(l) for regulating the taking of evidence before an examiner
or on commission or by letters of request, and for prescribing
the
circumstances in which evidence so taken may be
read on the trial of an action;

(m) for prescribing in what cases the Court may act upon the
certificate of accountants, actuaries or other scientific
persons;

(n) for prescribing the duties of the Accountant General in
respect of funds or property in the custody of the Court,
and in particular
for prescribing the mode of transfer of
securities into the name of the Accountant General, and
the method of investment of any
such funds, and the rate
of interest to be charged thereon, and, until other provision
is made in respect thereof, the manner in
which unclaimed
funds may be dealt with;

20 ACT 91Laws of Malaysia

(o) for amending, altering, or adding to the forms set out in
any written law relating to criminal procedure; and
(p) for any purpose
for which rules of court may be made
under any written law.

Making of rules of court

17. (1) Rules of court under section 16 may be made by a Rules
Committee appointed as hereinafter provided.

(2) The Rules Committee shall consist of the following persons:
(a) the Chief Justice, who shall be the Chairman of the
Committee;

(b) the President;

(c) the Chief Judges;

(d) a Judge of the Federal Court, a Judge of the Court of
Appeal, a Judge of the High Court in Malaya, and a
Judge of the High
Court in Sabah and Sarawak, to be
appointed by the Chief Justice for such period as he may
specify in writing;

(e) the Attorney General, or his nominee;

(f) the Senior Judge of the Sessions Court of Kuala Lumpur;
(g) three advocates, one practising in the States of Peninsular
Malaysia,
one practising in Sabah and one practising in
Sarawak, appointed by the Chief Justice for such period
as he may specify in writing;
and

*(h) the Secretary General of the Ministry of Law, or his
nominee.

(2A) In the absence of the Chief Justice, the President or the
Chief Judge of the High Court in Malaya or the Chief Judge of
the
High Court in Sabah and Sarawak present shall be Chairman
of the Committee.

*NOTE--The Ministers of the Federal Government Order 1991 [P.U. (A) 176/1991] is revoked by the
Ministers of the Federal Government
Order 1995 [P.U. (A) 203/1995].
21Courts of Judicature

(3) At any meeting of the Rules Committee five members shall
form a quorum. All questions shall be decided by a majority of
votes
of members present and voting:

Provided that--

(a) no rules shall be made relating to the Federal Court or
the Court of Appeal without the consent thereto of the
Chief Justice;
and

(b) no rules shall be made relating to any High Court without
the consent thereto of the Chief Judge of that High Court.
(3A) Rules
of court which have financial implications shall be
referred to the Government for approval.

(4) Rules of court shall be published in the Gazette, and shall
come into force on the date of publication or on such date as may
be specified therein.

(5) Rules of court shall be laid before the Dewan Rakyat at the
first meeting after their publication, and may be disapproved in
whole or in part by a resolution of the Dewan Rakyat.
(6) (Omitted).

(7) (Omitted).

Council of Judges

17A. (1) The Chief Justice may convene a Council of all the
Judges as and when he deems it necessary but so that there shall
be
at least one meeting in each year.

(1A) The President may, with the approval of the Chief Justice,
convene a Council of Judges of the Court of Appeal as and when
he deems it necessary.

(2) The Chief Judge may, with the approval of the Chief Justice,
convene a Council of Judges of the High Court as and when he
deems
it necessary.

22 ACT 91Laws of Malaysia

PART II

THE HIGH COURT

General

Proceedings in High Court to be disposed of by single Judge

18. (1) Every proceeding in the High Court and all business arising
thereout shall, save as provided by any written law, be heard
and
disposed of before a single Judge.

(2) Whenever any Judge, after having heard and recorded the
whole or any part of the evidence in a proceeding, is unable
through
death, illness or other cause to conclude the proceeding,
another Judge may--

(a) continue with the proceeding from the stage at which the
previous Judge left it and--

(i) act on the evidence already recorded by the previous
Judge; or

(ii) act on the evidence partly recorded by the previous
Judge and partly by himself; or

(b) resummon the witnesses and recommence the proceeding.
(3) Where the Judge acts under subparagraph 2(a)(i) he may,
either on
his volition or at the request of any party to the proceeding,
recall any of the witnesses as in respect of any part of the evidence
already recorded, or he may take their evidence afresh:
Provided that in respect of a criminal proceeding, the Court of
Appeal
and the Federal Court may, on appeal, set aside any conviction
had on evidence not wholly recorded by the Judge before whom
the
conviction was had if such Court is of the opinion that the
accused had been materially prejudiced thereby, and may order a
new
trial.

Sittings of the High Court

19. The High Court shall sit at such times and at such places as
the Chief Judge shall from time to time appoint.

23Courts of Judicature

Distribution of business

20. The distribution of business among the Judges of the High
Court shall be made in accordance with such directions, which
may
be of a general or a particular nature, as may be given by the
Chief Judge.

Vacations

21. The Chief Judge may make rules as to vacations of the High
Court not exceeding one month in any calendar year.
Original Jurisdiction

Criminal jurisdiction

22. (1) The High Court shall have jurisdiction to try--
(a) all offences committed--

(i) within its local jurisdiction;

(ii) on the high seas on board any ship or on any aircraft
registered in Malaysia;

(iii) by any citizen or any permanent resident on the
high seas on board any ship or on any aircraft;

(iv) by any person on the high seas where the offence
is piracy by the law of nations; and

(b) offences under Chapter VI of the Penal Code [Act 574],
and under any of the written laws specified in the Schedule
to the Extra-Territorial
Offences Act 1976 [Act 163], or
offences under any other written law the commission of
which is certified by the Attorney General
to affect the
security of Malaysia committed as the case may be,--
(i) on the high seas on board any ship or on any aircraft
registered
in Malaysia;

(ii) by any citizen or any permanent resident on the
high seas on board any ship or on any aircraft; or
(iii) by any citizen or
any permanent resident in any
place without and beyond the limits of Malaysia.

24 ACT 91Laws of Malaysia

(2) The High Court may pass any sentence allowed by law.
Civil jurisdiction--general

23. (1) Subject to the limitations contained in Article 128 of the
Constitution the High Court shall have jurisdiction to try all
civil
proceedings where--

(a) the cause of action arose;

(b) the defendant or one of several defendants resides or has
his place of business;

(c) the facts on which the proceedings are based exist or are
alleged to have occurred; or

(d) any land the ownership of which is disputed is situated,
within the local jurisdiction of the Court and notwithstanding
anything
contained in this section in any case where all parties
consent in writing within the local jurisdiction of the other High
Court.

(2) Without prejudice to the generality of subsection (1), the
High Court shall have such jurisdiction as was vested in it immediately
prior to Malaysia Day and such other jurisdiction as may be vested
in it by any written law in force within its local jurisdiction.
Civil jurisdiction--specific

24. Without prejudice to the generality of section 23 the civil
jurisdiction of the High Court shall include--

(a) jurisdiction under any written law relating to divorce and
matrimonial causes;

(b) the same jurisdiction and authority in relation to matters
of admiralty as is had by the High Court of Justice in
England under
the United Kingdom Supreme Court Act
1981;

(c) jurisdiction under any written law relating to bankruptcy
or to companies;

25Courts of Judicature

(d) jurisdiction to appoint and control guardians of infants
and generally over the person and property of infants;
(e) jurisdiction
to appoint and control guardians and keepers
of the person and estates of idiots, mentally disordered
persons and persons of unsound
mind; and

(f) jurisdiction to grant probates of wills and testaments and
letters of administration of the estates of deceased persons
leaving
property within the territorial jurisdiction of the
Court and to alter or revoke such grants.

Reference under order of Court

24A. (1) The High Court may refer any question arising in any
cause or matter, other than a criminal proceeding by the Public
Prosecutor,
for inquiry or report to any special referee. The report
of a special referee may be adopted wholly or partially by the High
Court
and enforced as a decree, judgment or order to the same
effect.

(2) In any cause or matter other than a criminal proceeding by
the Public Prosecutor--

(a) if all the parties interested who are not under disability
consent;

(b) if the cause or matter requires any prolonged examination
of documents or any scientific or local investigation which
cannot,
in the opinion of the High Court, conveniently
be conducted by the Court through its ordinary officers;
or

(c) if the question in dispute consists wholly or in part of
matters of account,

the High Court may at any time order the whole cause or matter
or any question or issue of fact arising therein to be tried before
a special referee or arbitrator respectively agreed on by the parties
or before an officer of the Court.

(3) (a) In all cases of reference to a special referee or arbitrator
under an order of the High Court in any cause or matter, the
special referee or arbitrator shall be deemed to be an officer of the
26 ACT 91Laws of Malaysia

Court and shall have such authority and shall conduct the reference
in such manner as is prescribed by rules of court, and subject
thereto as the High Court may direct.

(b) The report or award of any special referee or arbitrator on
any such reference shall, unless set aside by the High Court, be
equivalent to the decree, judgment or order of the Court.
(c) The remuneration to be paid to any special referee or arbitrator
to whom any matter is referred under order of the High Court shall
be determined by the Court.

(4) The High Court shall, as to references under order of the
Court, have all the powers which are by the Arbitration Act 1952
[Act 93], conferred on the High Court as to references by consent
out of Court.

Powers of the High Court

25. (1) Without prejudice to the generality of Article 121 of the
Constitution the High Court shall in the exercise of its jurisdiction
have all the powers which were vested in it immediately prior to
Malaysia Day and such other powers as may be vested in it by any
written law in force within its local jurisdiction.
(2) Without prejudice to the generality of subsection (1) the
High Court shall
have the additional powers set out in the Schedule:
Provided that all such powers shall be exercised in accordance
with any written
law or rules of court relating to the same.
Orders for interim payment

25A. (1) As regards proceedings pending in the High Court, provision
may be made by rules of court for enabling the Court in such
circumstances as may be prescribed, to make an order requiring
a party to the proceedings to make an interim payment of such
amount
as may be specified in the order, with provision for the
payment to be made to such other party to the proceedings as may
be so
specified or, if the order so provided, by paying it into Court.
27Courts of Judicature

(2) Any rules of court which make provision in accordance with
subsection (1) may include provision for enabling a party to any
proceedings who, in pursuance of such an order has made an
interim payment, to recover the whole or part of the amount of the
payment in such circumstances and from such other party to the
proceedings as may be determined in accordance with the rules.
(3)
Any rules made by virtue of this section may include such
incidental, supplementary and consequential provisions as may be
considered
necessary or expedient.

(4) Nothing in this section shall be construed as affecting the
exercise of any power relating to costs, including any power to
make rules of court relating to costs.

(5) In this section "interim payment", in relation to a party to
any proceedings, means a payment on account of any damages,
debt
or other sum excluding any costs which that party may be
held liable to pay to or for the benefit of another party to the
proceedings
if a final judgment or order of the Court in the proceedings
is given or made in favour of that other party.

Appellate Jurisdiction

Appellate criminal jurisdiction

26. The appellate criminal jurisdiction of the High Court shall
consist of the hearing of appeals from subordinate courts according
to any law for the time being in force within the territorial jurisdiction
of the High Court.

Appellate civil jurisdiction

27. The appellate civil jurisdiction of the High Court shall consist
of the hearing of appeals from subordinate courts as hereinafter
provided.

28 ACT 91Laws of Malaysia

Civil appeals from subordinate courts

28. (1) Subject to any other written law, no appeal shall lie to the
High Court from a decision of a subordinate court in any civil
cause or matter where the amount in dispute or the value of the
subject-matter is *ten thousand ringgit or less except on a question
of law.

(2) An appeal shall lie from any decision of a subordinate court
in any proceedings relating to maintenance of wives or children,
irrespective of the amount involved.

Civil appeals to be by way of re-hearing

29. All civil appeals from a subordinate court shall be by way
of re-hearing, and the High Court shall have the like powers and
jurisdiction on the hearing of appeals as the Court of Appeal has
on the hearing of appeals from the High Court.

Reference of constitutional question by subordinate court

30. (1) Where in any proceedings in any subordinate court any
question arises as to the effect of any provision of the Constitution
the presiding officer of the court may stay the proceedings and
may transmit the record thereof to the High Court.
(2) Any record
of proceedings transmitted to the High Court
under this section shall be examined by a Judge of the Court and
where the Judge considers
that the decision of a question as to the
effect of a provision of the Constitution is necessary for the
determination of the proceedings
he shall deal with the case in
accordance with section 84 as if it were a case before him in the
original jurisdiction of the High
Court in which the question had
arisen.

(3) Subsections (1) and (2) shall be deemed to be rules of court
for the purposes of Article 128(2) of the Constitution.
*NOTE--The
original provision was "one hundred dollars" (Revised 1972).
Previously "Five hundred ringgit"­see Act A279.

Previously "Five thousand ringgit"­see Act A530.

Now "ten thousand ringgit"­see Act A670.

29Courts of Judicature

Revision

Revision of criminal proceedings of subordinate courts

31. The High Court may exercise powers of revision in respect
of criminal proceedings and matters in subordinate courts in
accordance
with any law for the time being in force relating to
criminal procedure.

Power of High Court to call for records of civil proceedings in
subordinate courts

32. The High Court may call for and examine the record of any
civil proceedings before any subordinate court for the purpose of
satisfying itself as to the correctness, legality or propriety of any
decision recorded or passed, and as to the regularity of any
proceedings of any such subordinate court.

Powers of High Court on revision of civil proceedings

33. In the case of any civil proceedings in subordinate court the
record of which has been called for, or which otherwise comes to
its knowledge, the High Court may give such orders thereon,
either by directing a new trial or otherwise, as seems necessary
to
secure that substantial justice is done.

No revision at instance of party who could have appealed

34. Where an appeal lies from any decision in any civil matter,
and no appeal is brought, no proceeding by way of revision shall
be entertained at the instance of a party who could have appealed.
General supervisory and revisionary jurisdiction of High Court

35. (1) In addition to the powers conferred on the High Court by
this or any other written law, the High Court shall have general
supervisory and revisionary jurisdiction over all subordinate courts,
and may in particular, but without prejudice to the generality
of
the foregoing provision, if it appears desirable in the interests of
justice, either of its own motion or at the instance of
any party or
person interested, at any stage in any matter or proceeding, whether
civil or criminal, in any subordinate court,
call for the record
thereof, and may remove the same into the High Court or may give
to the subordinate court such directions as
to the further conduct
of the same as justice may require.

30 ACT 91Laws of Malaysia

(2) Upon the High Court calling for any record as aforesaid all
proceedings in the subordinate court in the matter or proceeding
in question shall be stayed pending further order of the High
Court.

Discretion of Court as to hearing parties

36. Subject to any written law for the time being in force no
party shall have any right to be heard before the High Court when
exercising its powers of revision and supervision:
Provided that no final order shall be made to the prejudice of
any person unless
the person has had an opportunity of being so
heard.

Special provision as to States of Malaya

37. Where in any criminal proceeding before a subordinate court
in the States of Malaya a sentence has been passed by the court
in exercise of the special powers of punishment conferred by
subsection 87(2) of the Subordinate Courts Act 1948 [Act 92], and
no notice of appeal has been lodged against the sentence according
to the law for the time being in force relating to criminal procedure,
the subordinate court shall transmit the record of the proceeding
to the High Court so that the High Court may satisfy itself as
to
the correctness, legality or propriety of the sentence, and the High
Court may thereupon exercise the powers conferred upon
it by
section 31.

PART III

THE COURT OF APPEAL

General

Composition of the Court of Appeal

38. (1) Subject as hereinafter provided, every proceeding in the
Court of Appeal shall be heard and disposed of by three Judges
or such greater uneven number of Judges as the President may in
any particular case determine.

31Courts of Judicature

(2) In the absence of the President the senior member of the
Court shall preside.

Sittings of the Court

39. (1) The Court shall sit on such dates and at such places as the
President may from time to time appoint:

Provided that the President may, when he deems it expedient,
direct that any appeal be heard at any time and in any place in
Malaysia.

(2) The President may cancel or postpone any sitting of the
Court which has been appointed under subsection (1).
Vacations

40. The President may make rules as to vacations of the Court
of Appeal not exceeding one month in any calendar year.
Proceedings
how decided

41. Proceedings shall be decided in accordance with the opinion
of the majority of the Judges composing the Court.
Continuation
of proceedings notwithstanding absence of Judge

42. (1) If, in the course of any proceeding, or, in the case of a
reserved judgment, at any time before delivery of the judgment,
any Judge of the Court hearing the proceeding is unable, through
illness or any other cause, to attend the proceeding or otherwise
exercise his functions as a Judge of that Court, the hearing of the
proceeding shall continue before, and judgment or reserved
judgment
as the case may be shall be given by, the remaining Judges of the
Court, not being less than two, and the Court shall,
for the purposes
of the proceeding, be deemed to be duly constituted notwithstanding
the absence or inability to act of the Judge
as aforesaid.
(2) In any such case as is mentioned in subsection (1) the
proceeding shall be determined in accordance with the
opinion of
the majority of the remaining Judges of the Court, and, if there
is no majority the proceeding shall be re-heard.

32 ACT 91Laws of Malaysia

(3) (Deleted by Act A1031).

Applications

43. Wherever application may be made either to the High Court
or to the Court of Appeal, it shall be made in the first instance to
the High Court.

Incidental directions and interim orders

44. (1) In any proceeding pending before the Court of Appeal any
direction incidental thereto not involving the decision of the
proceeding, any interim order to prevent prejudice to the claims
of parties pending the hearing of the proceeding, any order for
security for costs, and for the dismissal of a proceeding for default
in furnishing security so ordered may at any time be made
by a
Judge of the Court of Appeal.

(2) Every application under subsection (1) shall be deemed to
be a proceeding in the Court of Appeal.

(3) Every order made under subsection (1) may, upon application
by the aggrieved party made within ten days after the order is
served, be affirmed, varied or discharged by the Court.
Original Jurisdiction

45-49. (Deleted by Act A886).

Appellate Jurisdiction--Criminal Appeals

Jurisdiction to hear and determine criminal appeals

50. (1) Subject to any rules regulating the proceedings of the
Court of Appeal in respect of criminal appeals, the Court of Appeal
shall have jurisdiction to hear and determine any appeal against
any decision made by the High Court--

(a) in the exercise of its original jurisdiction; and
(b) in the exercise of its appellate or revisionary jurisdiction
in respect
of any criminal matter decided by the Sessions
Court.

33Courts of Judicature

(2) An appeal shall lie to the Court of Appeal, with the leave
of the Court of Appeal, against any decision of the High Court in
the exercise of its appellate or revisionary jurisdiction in respect
of any criminal matter decided by a Magistrates' Court but
such
appeal shall be confined to only questions of law which have
arisen in the course of the appeal or revision and the determination
of which by the High Court has affected the event of the appeal
or revision.

(2A) An application for leave under subsection (2) shall be
made within fourteen days after the date of the decision of the
High
Court.

(3) Notice of any appeal by the Public Prosecutor shall be given
by, or with the consent in writing of, that officer only; and
notwithstanding subsection (2) no leave of the Court of Appeal is
required.

(4) Except as otherwise provided in this section, an appeal may
lie on a question of fact or a question of law or on a question
of
mixed fact and law.

Notice of appeal

51. (1) Every appeal shall be by notice in writing which shall be
filed with the Registrar of the Court from which the appeal lies
at the place where the decision appealed against was given within
fourteen days after the date of the decision.

(2) Every notice of appeal shall state shortly the substance of
the judgment appealed against, shall contain an address at which
any notices or documents connected with the appeal may be served
upon the appellant or upon his advocate, and, except where the
notice of appeal is given orally under section 54, shall be signed
by the appellant or his advocate:

Provided that, in a case of an appeal under subsection 50(2), the
computation of the aforesaid period of fourteen days shall commence
from the date immediately after leave has been granted by the
Court of Appeal.

34 ACT 91Laws of Malaysia

Record of proceedings

52. (1) When a notice of appeal has been filed the Judge by
whom the decision was given shall, if he has not already written
his
judgment, record in writing the grounds of his decision, and
the written judgment or grounds of decision shall form part of the
record of the proceedings.

(2) As soon as possible after notice of appeal has been filed the
Registrar shall cause to be served on the appellant or his advocate
at his address for service specified under subsection 51(2) a notice
that a copy of the record is available and can be had on applying
for the same on payment of the prescribed fee:

Provided that in the case of an appeal by the Public Prosecutor
a copy of such record shall be furnished to him without payment
of any fee.

Petition of appeal

53. (1) Within ten days after service of the notice referred to in
subsection 52(2) the appellant shall file with the Registrar of
the
Court from which the appeal lies a petition of appeal and five
copies thereof addressed to the Court of Appeal.

(2) Every petition of appeal shall be signed by the appellant or
his advocate and shall contain particulars of the matters of law
or
of fact in regard to which the High Court is alleged to have erred,
and, except by leave of the Court of Appeal, the appellant
shall
not be permitted on the hearing of the appeal to rely on any ground
of appeal other than those set forth in the petition.
(3) If a petition is not filed within the time prescribed by this
section the appeal shall be deemed to have been withdrawn, but
nothing in this subsection shall be deemed to limit or restrict the
powers of extending time conferred upon the Court of Appeal
by
section 56.

35Courts of Judicature

Procedure where appellant in prison

54. (1) If the appellant is in prison he shall be deemed to have
complied with the requirements of sections 51 and 53 if he gives
to the officer in charge of the prison either orally or in writing
notice of appeal and the particulars required to be included
in the
petition of appeal within the times prescribed by those sections.
(2) The prison officer aforesaid shall forthwith forward
the
notice and petition or the purport thereof to the Registrar of the
Court from which the appeal lies at the place where the
decision
appealed against was given.

Transmission of papers to Court of Appeal

55. (1) When an appellant has complied with sections 51 and 53
the Registrar of the Court from which the appeal lies shall forthwith
transmit to the Court of Appeal four copies of the record of the
proceedings in the case, together with four copies of the notice
of
appeal and of the petition of appeal.

(2) The Registrar of the Court from which the appeal lies shall
also furnish the respodent or his advocate with a copy of the record
of the proceedings in the case and a copy of the notice of appeal
and of the petition of appeal.

Appeals out of time and formal defects

56. The Court of Appeal may in its discretion, on the application
of any person desirous of appealing who may be debarred from
so
doing by reason of his not having observed some formality or
some requirement of this Act, permit an appeal upon such terms
and
with such directions as it may consider desirable in order that
substantial justice may be done in the matter, and may, for the
purpose, enlarge any period of time prescribed by section 51 or 53.
On appeal against acquittal, accused may be arrested
56A.
Where an appeal is presented against an acquittal, the Court
of Appeal may issue a warrant directing that the accused be arrested
and brought before it and may remand him to prison pending the
disposal of the appeal or admit him to bail.

36 ACT 91Laws of Malaysia

Appeal not to operate as stay of execution

57. (1) Except in the cases mentioned in subsection (3) and section
56A, no appeal shall operate as a stay of execution, but the
High
Court or the Court of Appeal may stay execution on any judgment,
order, conviction or sentence pending appeal on such terms
as to
security for the payment of any money or the performance or non-
performance of any act or the suffering of any punishment
ordered
by or in the judgment, order, conviction or sentence as to the Court
may seem reasonable.

(2) If the appellant is ultimately sentenced to imprisonment, the
time during which the execution of the sentence was stayed shall
be excluded in computing the term of his sentence unless the Court
of Appeal otherwise orders.

(3) In the case of a conviction involving sentence of death or
corporal punishment--

(a) the sentence shall not in any case be executed until after
the expiration of the time within which notice of appeal
may be
given under section 51, or any extension of time
which may be permitted under section 56; and

(b) if notice is so given the sentence shall not be executed
until after the determination of the appeal.

Summary rejection of appeal

58. Where the grounds of appeal do not raise any question of law
and it appears to the President and two other Judges of the Court
of Appeal that the evidence is sufficient to support the conviction
and that there is no material in the circumstances of the case
which
could raise a reasonable doubt whether the conviction was right
or lead the Court of Appeal to consider that the sentence
ought to
be reduced, the appeal may, without being set down for hearing,
be summarily rejected by an order under the hand of the
President,
certifying that the said Judges, having perused the record, are
satisfied that the appeal has been brought without any
sufficient
ground of complaint and notice of the rejection shall be served
upon the appellant:

Provided that--

(i) if, in any case rejected under this section, the appellant
gives, within seven days of service of notice of rejection
37Courts
of Judicature

upon him, notice to the Registrar of the Court of Appeal
of application for leave to amend his grounds of appeal
so as to raise
a question of law, accompanied by a certificate
signed by an advocate specifying the question to be raised
and undertaking to argue
it, the Court of Appeal may
grant leave to amend accordingly and shall restore the
appeal for hearing; and

(ii) for the purpose of this section, the question whether a
sentence ought to be reduced shall be deemed not to be
a question
of law.

Notice and time of hearing

59. Where the Court of Appeal does not reject an appeal summarily
under section 58, or where the Public Prosecutor is the appellant,
the Court of Appeal shall cause notice of the time and place for
the hearing of the appeal to be given to the parties thereto.
Powers of Court of Appeal

60. (1) At the hearing of an appeal the Court of Appeal shall hear
the appellant or his advocate, if he appears, and, if it thinks
fit,
the respondent or his advocate, if he appears, and may hear the
appellant or his advocate in reply, and the Court of Appeal
may
thereupon confirm, reverse or vary the decision of the High court,
or may order a retrial or may remit the matter with the
opinion
of the Court of Appeal thereon to the trial court, or may make such
other order in the matter as to it may seem just, and
may by that
order exercise any power which the trial court might have exercised:
Provided that the Court of Appeal may, notwithstanding
that it
is of opinion that the point raised in the appeal might be decided
in favour of the appellant, dismiss the appeal if it
considers that
no substantial miscarriage of justice has occurred.
(2) At the hearing of an appeal the Court of Appeal may, if
it
thinks that a different sentence should have been passed, quash the
sentence passed, confirmed or varied by the High Court and
pass
such other sentence warranted in law (whether more or less severe)
in substitution therefor as it thinks ought to have been
passed.
38 ACT 91Laws of Malaysia

(3) The Court of Appeal shall in no case make any order under
this section as to payment of costs of any appeal to or by the
appellant
or respondent.

Additional evidence

61. (1) In dealing with any appeal in a criminal case the Court
of Appeal may, if it thinks additional evidence to be necessary,
either take such evidence itself or direct it to be taken by the trial
court.

(2) When the additional evidence is taken by the trial court, it
shall certify the evidence, with a statement of its opinion on
the
case considered with regard to the additional evidence, to the
Court of Appeal, and the Court of Appeal shall thereupon proceed
to dispose of the appeal.

(3) The parties to the appeal shall be present when additional
evidence is taken.

(4) In dealing with any appeal in a criminal case the Court of
Appeal may also, if it thinks fit, call for and receive from the
trial
court a report of any matter connected with the trial.
Judgment

62. (1) On the termination of the hearing of an appeal the Court
of Appeal shall, either at once or on some future day which shall
either then be appointed for the purpose or of which notice shall
subsequently be given to the parties, deliver judgment in open
court.

(2) In criminal appeals and matters the Court of Appeal shall
ordinarily give only one judgment, which may be pronounced by
the
President or by such other member of the Court of Appeal as
the President may direct:

Provided that separate judgments shall be delivered if the President
so determines.

(3) The judgment of any member of the Court of Appeal who
is absent may read by any other Judge.

39Courts of Judicature

Certification of judgement

63. (1) Whenever a criminal case is decided on appeal, the Court
of Appeal shall certify its judgment or order to the courts concerned.
(2) The courts concerned shall thereupon make such orders as
are conformable to the judgment to the order of the Court of
Appeal,
and, if necessary, the record shall be amended in accordance
therewith.

(3) Upon the withdrawal or discontinuance of any appeal the
Registrar of the Court of Appeal shall notify the courts concerned
accordingly, and stay of execution has been granted, the sentence
or order of the trial court or as varied by the High Court in
its
appellate jurisdiction, as the case may be, shall forthwith be enforced,
but nothing in this subsection shall be deemed to
limit or restrict
the powers of extending time conferred upon the Court of Appeal
by section 56.

64. (Deleted by Act A328).
65-66. (Deleted by Act A909).

Appellate Jurisdiction--Civil Appeals

Jurisdiction to hear and determine civil appeals

67. (1) The Court of Appeal shall have jurisdiction to hear and
determine appeals from any judgment or order of any High Court
in
any civil cause or matter, whether made in the exercise of its
original or of its appellate jurisdiction, subject nevertheless to
this
or any other written law regulating the terms and conditions upon
which such appeals shall be brought.

(2) The Court of Appeal shall have all the powers conferred by
section 24A on the High Court under the provisions relating to
references
under order of the High Court.

Non-appealable matters

68. (1) No appeal shall be brought to the Court of Appeal in any
of the following cases:

(a) when the amount or value of the subject-matter of the
claim (exclusive of interest) is less than two hundred and
fifty thousand
ringgit*, except with the leave of the Court
of Appeal;

40 ACT 91Laws of Malaysia

(b) where the judgment or order is made by consent of parties;
(c) where the judgment or order relates to costs only which
by law
are left to the discretion of the Court, except with
the leave of the Court of Appeal; and

(d) where, by any written law for the time being in force, the
judgment or order of the High Court, is expressly declared
to be
final.

(2) (Deleted by Act A886).

(3) No appeal shall lie from a decision of a Judge in Chambers
in a summary way on an interpleader summons, where the facts
are
not in dispute, except by leave of the Court of Appeal, but an
appeal shall lie from a judgment given in court on the trial of an
interpleader issue.

Hearing of appeals

69. (1) Appeals to the Court of Appeal shall be by way of re-
hearing, and in relation to such appeals the Court of Appeal shall
have all the powers and duties, as to amendment or otherwise, of
the High Court, together with full discretionary power to receive
further evidence by oral examination in court, by affidavit, or by
deposition taken before an examiner or commissioner.
(2) The
further evidence may be given without leave on
interlocutory applications, or in any case as to matter which have
occurred after
the date of the decision from which the appeal is
brought.

(3) Upon appeals from a judgment, after trial or hearing of any
cause or matter upon the merits, the further evidence, save as to
matters subsequent as aforesaid, shall be admitted on special grounds
only, and not without leave of the Court of Appeal.
(4)
The Court of Appeal may draw inferences of fact, and give
any judgment, and make any order which ought to have been given
or made,
and make such further or other orders as the case requires.
*NOTE--The original provision was "fivr hundred dollars" (Revised 1972).
Previously "two thousand five hundred"­see Act A279.
Previously "ten thousand ringgit"­see Act A530.

(5) The powers aforesaid may be exercised notwithstanding
that the notice of appeal relates only to part of the decision, and
the
powers may also be exercised in favour of all or any of the
respondents or parties although the respondents or parties have not
appealed from or complained of the decision.

Costs of appeal

70. The Court of Appeal may make such order as to the whole
or any part of the costs of appeal or in the court below as is just.
New trial

71. (1) Except as hereinafter provided the Court of Appeal shall
have power to order that a new trial be had of any cause or matter
tried by the High Court in the exercise of its original or appellate
jurisdiction.

(2) A new trial shall not be granted on the ground of improper
admission or rejection of evidence unless in the opinion of the
Court of Appeal some substantial wrong or miscarriage of justice
has been thereby occasioned; and if it appears to the Court of
Appeal that the wrong or miscarriage affects part only of the
matters in controversy, or some or one only of the parties, the
Court of Appeal may give final judgment as to part thereof, or as
to some or one only of the parties, and direct a new trial as
to the
other part only, or as to the other party or parties.
(3) A new trial may be ordered on any question without interfering
with the finding or decision of the court below upon any other
question.

Immaterial errors

72. No judgment or order of the High Court, or of any Judge,
shall be reversed or substantially varied on appeal, nor a new trial
ordered by the Court of Appeal, on account of any error, defect,
or irregularity, whether in the decision or otherwise not affecting
the merits or the jurisdiction of the Court.

Appeal not to operate as stay of execution

73. An appeal shall not operate as a stay of execution or of
proceedings under the decision appealed from unless the court
below
or the Court of Appeal so orders and no intermediate act
or proceeding shall be invalidated except so far as the Court of
Appeal
may direct.

42 ACT 91Laws of Malaysia

*PART IV

THE FEDERAL COURT

General

Composition of the Federal Court

74. (1) Subject as hereinafter provided, every proceeding in the
Federal Court shall be heard and disposed of by three Judges or
such greater uneven number of Judges as the Chief Justice may
in any particular case determine.

(2) In the absence of the Chief Justice, the most senior member
of the Court shall preside.

Sittings of the Court

75. (1) The Court shall sit on such dates and at such places as the
Chief Justice may from time to time appoint:

Provided that the Chief Justice may, when he deems it expedient,
direct that any appeal be heard at any time and in any place in
Malaysia.

(2) The Chief Justice may cancel or postpone any sitting of the
Court which has been appointed under subsection (1).
Vacations

76. The Chief Justice may make rules as to vacations of the
Federal Court not exceeding one month in any calender year.
Proceedings
how decided

77. Proceedings shall be decided in accordance with the opinion
of the majority of the Judges composing the Court.
*NOTE--The original
provision of PART IV has been repealed by Act A600­see sections 2 and 3 of that Act.
43Courts of Judicature

Continuation of proceedings notwithstanding absence of Judge

78. (1) If, in the course of any proceeding, or, in the case of a
reserved judgment, at any time before delivery of the judgment,
any Judge of the Court hearing the proceeding is unable, through
illness or any other cause, to attend the proceeding or otherwise
exercise his functions as a Judge of that Court, the hearing of the
proceeding shall continue before, and judgment or reserved
judgment,
as the case may be, shall be given by, the remaining Judges of the
Court, not being less than two, and the Court shall,
for the purposes
of the proceeding, be deemed to be duly constituted notwithstanding
the absence or inability to act of the Judge
as aforesaid.
(2) In any such case as is mentioned in subsection (1) the
proceeding shall be determined in accordance with the
opinion of
the majority of the remaining Judges of the Court, and, if there
is no majority the proceeding shall be re-heard.

(3) (Deleted by Act A1031).

Applications

79. Whenever application may be made either to the Court of
Appeal or to the Federal Court, it shall be made in the first instance
to the Court of Appeal.

Incidental directions and interim orders

80. (1) In any proceeding pending before the Federal Court any
direction incidental thereto not involving the decision of the
proceeding,
any interim order to prevent prejudice to the claims
of parties pending the hearing of the proceeding, any order for
security for
costs, and for the dismissal of a proceeding for default
in furnishing security so ordered may at any time be made by a
Judge of
the Federal Court.

(2) Every application under subsection (1) shall be deemed to
be a proceeding in the Federal Court.

(3) Every order made under subsection (1) may, upon application
by the aggrieved party made within ten days after the order is
served, be affirmed, varied or discharged by the Court.
44 ACT 91Laws of Malaysia

Original Jurisdiction

Jurisdiction and powers

81. Save as hereinafter in this Act provided the Federal Court for
the purposes of its jurisdiction under Article 128(1) and (2)
of the
Constitution (herein called the "original jurisdiction") shall have
the same jurisdiction and may exercise the same powers
as are had
and may be exercised by the High Court.

Judgment to be declaratory

82. The Federal Court in the exercise of its original jurisdiction
under Article 128(1)(b) of the Constitution in respect of a dispute
between States or between the Federation and any State shall not
pronounce any judgment other than a declaratory judgment.
Costs

83. The Federal Court shall not make any order as to the costs
of any proceeding had under its original jurisdiction:
Provided that
in any proceedings under section 84 the High
Court may make any order as to costs in respect of proceedings
in the Federal Court.

Reference of constitutional question by High Court

84. (1) Where in any proceedings in the High Court a question
arises as to the effect of any provision of the Constitution the
Judge
hearing the proceedings may stay the same on such terms
as may be just to await the decision of the question by the Federal
Court.

(2) An order staying proceedings under this section may be
made by the Judge of his own motion or on the application of any
party
and shall be made at such stage of the proceedings as the
Judge may see fit having regard to the decision of such questions
of
fact as may be necessary to be settled to assist the Federal Court
in deciding the question which has arisen and to the speedy and
economical final determination of the proceedings.
45Courts of Judicature

(3) Where an order for stay of proceedings has been made
under this section the Judge shall state the question which in his
opinion
has arisen as to the effect of the Constitution in the form
of a special case which so far as may be possible shall state the
said
question in a form which shall permit of an answer being
given in the affirmative or the negative.

(4) Where a Judge shall have stated a special case under this
section the same shall be transmitted to the Federal Court in
accordance
with the rules of court of the Federal Court.
Proceedings in Federal Court

85. (1) Where a special case has been transmitted to the Federal
Court under section 84, the Federal Court shall, subject to any
rules of court of the Federal Court, deal with the case and hear
and determine it in the same way as an appeal to the Federal Court.
(2) When the Federal Court shall have determined any special
case under this section the High Court in which the proceedings
in
the course of which the case has been stated are pending shall
continue and dispose of the proceedings in accordance with the
judgment
of the Federal Court and otherwise according to law.
Appellate Jurisdiction--Criminal Appeals

Jurisdiction and powers

86. Save as in this Act provided, in the exercise of its appellate
jurisdiction, the Federal Court shall have the same jurisdiction,
may exercise the same powers and may make any order as are had
and may be exercised or made by the Court of Appeal or by the
High
Court.

Jurisdiction to hear and determine criminal appeals

87. (1) The Federal Court shall have jurisdiction to hear and
determine any appeal from any decision of the Court of Appeal
in its
appellate jurisdiction in respect of any criminal matter decided
by the High Court in its original jurisdiction subject to any rules
regulating the proceedings of the Federal Court in respect of appeals
from the Court of Appeal.

46 ACT 91Laws of Malaysia

(2) Notice of any appeal by the Public Prosecutor shall be given
by, or with the consent in writing of, that officer only.
(3)
An appeal may lie on a question of fact or a question of law
or on a question of mixed fact and law.

On appeal against acquittal, accused may be arrested

88. Where an appeal is presented against an acquittal, the Federal
Court may issue a warrant directing that the accused be arrested
and brought before it and may remand him to prison pending the
disposal of the appeal or admit him to bail.

Appeal not to operate as stay of execution

89. (1) Except in the cases mentioned in subsection (3) and section
88, no appeal shall operate as a stay of execution on any judgment,
order, conviction or sentence pending appeal on such terms as to
security for the payment of any money or the performance or non-
performance of any act or the suffering of any punishment ordered
by or in the judgment, order, conviction, or sentence as to the
Court may seem reasonable.

(2) If the appellant is ultimately sentenced to imprisonment, the
time during which the execution of the sentence was stayed shall
be excluded in computing the term of his sentence unless the
Federal Court otherwise orders.

(3) In the case of a conviction involving sentence of death or
corporal punishment--

(a) the sentence shall not in any case be executed until after
the expiration of the time within which notice of appeal
may be
given or any extension of time which may be
permitted; and

(b) if notice is so given the sentence shall not be executed
until after the determination of the appeal.

Summary rejection of appeal

90. Where the grounds of appeal do not raise any question of law
and it appears to the Chief Justice and two other Judges of the
Federal Court that the evidence is sufficient to support the conviction
and that there is no material in the circumstances of the
case which
47Courts of Judicature

could raise a reasonable doubt whether the conviction was right
or lead the Federal Court to consider that the sentence ought to
be reduced, the appeal may, without being set down for hearing,
be summarily rejected by an order under the hand of the Chief
Justice, certifying that the said Judges, having perused the record,
are satisfied that the appeal has been brought without any
sufficient
ground of complaint and notice of the rejection shall be served
upon the appellant:

Provided that--

(i) if, in any case rejected under this section, the appellant
gives, within seven days of service of notice of rejection
upon
him, notice to the Registrar of the Federal Court of
application for leave to amend his grounds of appeal so
as to raise a question
of law, accompanied by a certificate
signed by an advocate specifying the question to be raised
and undertaking to argue it, the
Federal Court may grant
leave to amend accordingly and shall restore the appeal
for hearing; and

(ii) for the purpose of this section, the question whether a
sentence ought to be reduced shall be deemed not to be
a question
of law.

Notice and time of hearing

91. Where the Federal Court does not reject an appeal summarily
under section 90, or where the Public Prosecutor is the appellant,
the Federal Court shall cause notice of the time and place for the
hearing of the appeal to be given to the parties thereto.
Powers
of Federal Court

92. (1) At the hearing of an appeal the Federal Court shall hear
the appellant or his advocate, if he appears, and, if it thinks
fit,
the respondent or his advocate, if he appears, and may hear the
appellant or his advocate in reply, and the Federal Court
may
thereupon confirm, reverse or vary the decision of the Court of
Appeal, or may order a retrial or may remit the matter with
the
opinion of the Federal Court thereon to the High Court, or may
48 ACT 91Laws of Malaysia

make such other order in the matter as to it may seem just, and
may by that order exercise any power which the Court of Appeal
or the High Court might have exercised:

Provided that the Federal Court may, notwithstanding that it is
of opinion that the point raised in the appeal might be decided
in
favour of the appellant, dismiss the appeal if it considers that no
substantial miscarriage of justice has occurred.

(2) At the hearing of an appeal the Federal Court may, if it
thinks that a different sentence should have been passed, quash the
sentence passed, confirmed or varied by the Court of Appeal and
pass such other sentence warranted in law (whether more or less
severe) in substitution therefor as it thinks ought to have been
passed.

(3) The Federal Court shall in no case make any order under
this section as to payment of costs of any appeal to or by the
appellant
or respondent.

Additional evidence

93. (1) In dealing with any appeal in a criminal case the Federal
Court may, if it thinks additional evidence to be necessary, either
take such evidence itself or direct it to be taken by the High Court.
(2) When the additional evidence is taken by the High Court,
it shall certify the evidence, with a statement of its opinion on the
case considered with regard to the additional evidence, to
the
Federal Court, and the Federal Court shall thereupon proceed to
dispose of the appeal.

(3) The parties to the appeal shall be present when additional
evidence is taken.

(4) In dealing with any appeal in a criminal case the Federal
Court may also, if it thinks fit, call for and receive from the High
Court a report of any matter connected with the trial.
Judgment

94. (1) On the termination of the hearing of an appeal the Federal
Court shall, either at once or on some future day which shall
either
then be appointed for the purpose or of which notice shall subsequently
be given to the parties, deliver judgment in open
court.
49Courts of Judicature

(2) In criminal appeals and matters the Federal Court shall
ordinarily give only one judgment, which may be pronounced by
the Chief
Justice or by such other member of the Federal Court
as the Chief Justice may direct:

Provided that separate judgments shall be delivered if the Chief
Justice so determines.

(3) The judgment of any member of the Federal Court who is
absent may be read by any other Judge.

Certification of judgment

95. (1) Whenever a criminal case is decided on appeal, the Federal
Court shall certify its judgment or order to the courts concerned.
(2) The courts concerned shall thereupon make such orders as
are conformable to the judgment or order of the Federal Court,
and,
if necessary, the record shall be amended in accordance therewith.
(3) Upon the withdrawal or discontinuance of any appeal the
Registrar of the Federal Court shall notify the courts concerned
accordingly and, if any stay of execution has been granted, the
sentence or order of the High Court or as varied by the Court of
Appeal shall forthwith be enforced.

Appellate Jurisdiction--Civil Appeals

Conditions of appeal

*96. Subject to any rules regulating the proceedings of the Federal
Court in respect of appeals from the Court of Appeal, an appeal
shall lie from the Court of Appeal to the Federal Court with the
leave of the Federal Court--

(a) from any judgment or order of the Court of Appeal in
respect of any civil cause or matter decided by the High
Court in the
exercise of its original jurisdiction involving
a question of general principle decided for the first time
or a question of importance
upon which further argument
and a decision of the Federal Court would be to public
advantage; or

*NOTE--This amendment shall apply to any application for leave to appeal pending in the Federal
Court and shall not affect any order
previously made by the Federal Court in respect of any
application for leave to appeal and no such order shall be nulified­see subsections
8(2) & (3) of
Act A1031.

50 ACT 91Laws of Malaysia

(b) from any decision as to the effect of any provision of the
Constitution including the validity of any written law
relating
to any such provision.

Leave to appeal

97. (1) An application under section 96 for leave to appeal to the
Federal Court shall be made to the Federal Court within one month
from the date on which the decision appealed against was given,
or within such further time as may be allowed by the Court.
(2)
Where the judgment appealed against requires the appellant
to pay money or perform a duty, the Federal Court shall have
power,
when granting leave to appeal, either to direct that the
judgment shall be carried into execution or that the execution
thereof
shall be suspended pending the appeal, as to the Court
shall seem just; and in case the Court shall direct the judgment to
be carried
into execution, the person in whose favour it was given
shall, before the execution thereof, enter into good and sufficient
security
to the satisfaction of that Court for the due performance
of any order as the Federal Court may make in order to give effect
thereto.

(3) Notwithstanding section 74, an application for leave to appeal
to the Federal Court may be heard by a Judge of the Court, and
any direction or order that could be given or made by the Court
on such application may be given or made by such Judge.
(4) Any
direction or order given or made under subsection (3)
may, upon application by the aggrieved party made within ten
days after the
direction or order is given or made, be affirmed,
varied or discharged by the Court.

Procedure to enforce order of the Federal Court

98. Any person who desires to enforce or obtain execution of any
order of the Federal Court shall file in the trial court a certified
copy of the order which shall be enforced or executed in the same
way as is enforced or executed a judgment of the Court of Appeal.
51Courts of Judicature

Costs

99. (1) The costs incurred in the prosecution of any appeal or
application for leave to appeal under this Part shall be paid by such
party, person as the Federal Court may by order direct and the
amount of any such costs shall be taxed by the Chief Registrar of
the Federal Court in accordance with the rules of court.
(2) The Federal Court may make such order as to the whole or
any part
of the costs in the Federal Court, or in the Court of Appeal
or in the High Court as is just.

New trial

100. (1) Except as hereinafter provided, the Federal Court shall
have power to order that a new trial be had of any cause or matter
tried by the High Court in the exercise of its original or appellate
jurisdiction.

(2) A new trial shall not be granted on the ground of improper
admission or rejection of evidence unless in the opinion of the
Federal Court some substantial wrong or miscarriage of justice has
been thereby occasioned; and if it appears to the Federal Court
that
the wrong or miscarriage affects part only of the matters in
controversy, or some or one only of the parties, the Federal
Court
may give final judgment as to part thereof, or as to some or one
only of the parties, and direct a new trial as to the other
part only,
or as to the other party or parties.

(3) A new trial may be ordered on any question without interfering
with the finding or decision of the court below upon any other
question.

Immaterial errors

101. No judgment or order of the High Court, or of any Judge,
shall be reversed or substantially varied on appeal, nor a new trial
ordered by the Federal Court, on account of any error, defect, or
irregularity, whether in the decision or otherwise, not affecting
the
merits or the jurisdiction of the Court.

52 ACT 91Laws of Malaysia

Appeal not to operate as stay of execution

102. An appeal shall not operate as a stay of execution or of
proceedings under the decision appealed from unless the court
below
or the Federal Court so orders and no intermediate act or
proceeding shall be invalidated except so far as the Federal Court
may
direct.

SCHEDULE

[Subsection 25(2)]

ADDITIONAL POWERS OF HIGH COURT

Prerogative writs

1. Power to issue to any person or authority directions, orders or writs, including
writs of the nature of habeas corpus, mandamus,
prohibition, quo warranto and
certiorari, or any others, for the enforcement of the rights conferred by Part
II of the Constitution,
or any of them, or for any purpose.
Distress for rent

2. Power to issue and enforce writs or warrants of distress for arrears of rent.
Partition of land

3. Power to direct a sale instead of partition in any action for partition of land;
and in any cause or matter relating to land,
where it appears necessary or
expedient, to order the land or any part thereof to be sold, and to give all
necessary and consequential
directions.

Sale of land

4. Power to order land to be charged or mortgaged, as the case may be, in
any case in which there is jurisdiction to order a sale.
Interpleader

5. Power to grant relief by way of interpleader--
(a) where the person seeking relief is under liability for any debt, money,
or
goods or chattels, for or in respect of which he has been, or expects
to be, sued by two or more parties making adverse claims thereon;
and

53Courts of Judicature

(b) where a Sheriff, bailiff or other officer of court is charged with the
execution of process of court, and claim is made to any
money or
goods or chattels taken or intended to be taken in execution under any
process, or to the proceeds or value of any such
goods or chattels by
any person other than the person against whom the process is issued,
and to order the sale of any property
subject to interpleader proceedings.
Preservation of property

6. Power to provide for the interim preservation of property the subject matter
of any cause or matter by sale or by injunction or
the appointment of a receiver
or the registration of a caveat or a lis pendens or in any other manner whatsoever.
Interest

7. Power to direct interest to be paid on debts, including judgment debts, or
on sums found due on taking accounts between parties,
or on sums found due
and unpaid by receivers or other persons liable to account to the Court.
Time

8. Power to enlarge or abridge the time prescribed by any written law for
doing any act or taking any proceeding, although any application
therefor be
not made until after the expiration of the time prescribed;
Provided that this provision shall be without prejudice
to any written law
relating to limitation.

Writs of seizure and sale

9. Power to enforce judgment of the Court for the payment of money to any
person or into Court by a writ, to be called a writ of
seizure and sale, under
which all the property, movable or immovable, of whatever description, of a
judgment debtor may be seized,
except property which is exempt from seizure
and sale under any written law.

Other execution

10. Power to enforce a judgment of the Court in any other manner which may
be prescribed by any written law or rules of court.
Res
judicata

11. Power to dismiss or stay proceedings where the matter in question is res
judicata between the parties, or where by reason of
multiplicity of proceedings
in any court or courts the proceedings ought not to be continued.
54 ACT 91Laws of Malaysia

Transfer of proceedings

12. Power to transfer any proceedings to any other Court or to or from any
subordinate court, and in the case of transfer to or from
a subordinate court to
give any directions as to the further conduct thereof:
Provided that this power shall be exercised in such
manner as may be
prescribed by any rules of court.

Set-off

13. Power to allow a defence of set-off.
Discovery and interrogatories

14. Power to order discovery of facts or documents by any party or person
in such manner as may be prescribed by rules of court.
Costs

15. Power to award costs.
Execution of documents

16. Power to execute, or direct any of its officers to execute, any transfer,
conveyance, assignment, contract or other document,
including an endorsement
on a negotiable instrument, which any person has been ordered by the Court
to execute, if he has neglected
or refused to execute the same or is out of the
jurisdiction, and the same shall operate to all intents as if executed by that
person.

Vexatious litigants

17. Power to restrain any person who has habitually and persistently and
without reasonable cause instituted vexatious legal proceedings
in any court,
whether against the same or different persons, from instituting any legal proceedings
in any court save by leave
of a Judge. A copy of any such order shall be
published in the Gazette.